The United States Environmental Protection Agency (“EPA”) and Bottling Group, LLC, operating as Pepsi Beverages Company, and CB Manufacturing Company, Inc., (collectively, “Pepsi”) entered into a September 25th Consent...more
President Biden is pushing in 2023 to strengthen Environmental Justice (EJ) initiatives and policies from the top down. This includes ordering more action and results from relevant federal agencies and pushing for the use of...more
EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching - An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...more
The agenda-setting document promises rulemakings across multiple EPA programs to expand the scope—and accelerate the pace—of PFAS regulation. The Biden administration continues the beat on PFAS regulation by releasing its...more
The United States Court of Appeals for the Third Circuit (“Third Circuit”) in a June 21st Opinion interpreted the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) or (“Superfund”) phrase...more
In a somewhat surprising decision issued at the end of 2020, U.S. EPA ruled that Section 112(r)(1) of the Clean Air Act, better known as the “General Duty Clause,” requires facilities to implement the latest industry...more
On November 20, 2019, the “PFAS Action Act of 2019” (H.R. 535) (the “PFAS Bill”) passed the House Committee on Energy and Commerce. The PFAS Bill, eighteen subchapters long, says a great deal: most importantly, one year after...more
Regardless of what side of the political fence you reside on and regardless of whether under this current administration you believe environmental enforcement has taken a holiday, the fact remains that most manufacturers...more
The Administrator of the United States Environmental Protection Agency (“EPA”) issued an Order responding to a Petition requesting objection to the issuance of a Title V operating permit (“Permit”) for the Suncor Energy...more
EPA recently released a final regional office realignment plan in response to President Trump’s March 2017 Executive Order 13781. That order required EPA and other federal agencies to improve efficiency, effectiveness, and...more
The Supreme Court of New Jersey (Appellate Division) (“Court”) addressed in a December 1st opinion whether the New Jersey Department of Environmental Protection (“DEP”) issuance of a modified air pollution control operating...more
Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more
Companies operating ammonia refrigeration systems are easy targets for EPA under a number of environmental programs. Recent history suggests release reporting under Section 112(r) of the Clean Air Act (CAA) and under the...more
On June 1, 2017, President Trump announced that the United States will withdraw from the Paris climate agreement (“Paris Agreement”). The Paris Agreement was signed by 195 countries in December of 2015. The goal of the...more
CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION - The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more
Mid-to-late June 2016, federal and state authorities brought a variety of enforcement actions against food and beverage companies under environmental, health, and safety statutes, suggesting increased governmental oversight...more
Seyfarth Synopsis: EPA finalized its new per violation penalty rules that in some cases now increase by substantial amounts. In a federal rulemaking published last week, the U.S. Environmental Protection Agency (EPA)...more
Recent federal and state enforcement actions against food and beverage companies under environmental, safety and health statutes highlight the need for this industry to pay attention to both basic and unique compliance...more
The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more
In a significant setback for the Obama Administration, the U.S. Court of Appeals for the Sixth Circuit has temporarily blocked implementation of the Clean Water Rule issued jointly by EPA and the U.S. Army Corps of Engineers...more
Millard Refrigerated Services Inc. learned the hard way that a company's failure to correct deficiencies in its processes can lead to significant consequences. Following three releases to the atmosphere from 2007 to 2010,...more
Ethylene glycol monobutyl ether (EGBE) is a solvent used primarily in the production of paints, coatings, and metal and household cleaners. It’s also used in the production of other chemicals. Facilities that manufacture,...more
Last week, Judge John Copenhaver refused to allow a motion by the United States to enter a consent decree that would have resolved government claims against DuPont concerning alleged violations of the Clean Air Act, CERCLA,...more
A packaging company in Dudley, MA has agreed to pay $484,900 in penalties to settle EPA claims that the company violated numerous federal and state regulations. The violations occurred at the company’s liquid and aerosol...more
On January 3, 2013, the Environmental Appeals Board approved an administrative settlement that requires New Cingular Wireless PCS to pay a total of $1.375 million in fines and environmental projects for alleged violations of...more